H1B Transfer Immigration Lawyer Chicago
H-1B workers who want to change jobs or change employers may do so via a process called H1B transfer. Generally, H-1B visa is employer-specific, upon approval of an H-1B visa and the commencement of the H-1B employment, the H-1B worker is authorized to work for only the H-1B employer who petitioned for the visa. In any event, if the H-1B worker wishes to work for another employer or company, an H-1B transfer petition should be filed.
At CIPOLLA LAW GROUP, we have successfully handled hundreds of H-1B petitions for business owners and professional workers across America and the world. We have excellent track record. In 2021 alone, 100% of our H1b cases were approved and over 90% of these H1B cases were approved without request of evidence (RFE). Call 773-687-0549 or contact us for a consultation.
H1B Visa Transfer – Cap exempted to Cap subject
Do I have to go through the H1B lottery again when I change to a new H1B employer?
When you consider doing a H-1B transfer, the issues of whether you need to go through the H1B lottery again or whether a new H-1B petition is counted against the current H-1B cap depends on whether the initial H-1B petition was cap-subject. If the petition filed by the previous H-1B employer has already been counted against the cap, a petition for sequential H-1B employer filed by a new employer will not be counted against the H-1B cap again. In that case, a new H-1B employer may file for a new H1B petition for you even if the cap has been exhausted at the time of the new H-1B filing.
Example 1:
Employer A – an IT firm petitioned an H-1B visa for a H-1B Employee. The petition was filed timely and counted against the 65,000 H-1B cap. A year later, the H-1B Employee wants to work for another company with Employer B – another private IT firm. At the time of filing this new H-1B petition, the H-1B cap has been used up. Nevetheless, because this H-1B Employee‘s previous employer (Employer A) was counted against the cap, Employer B can file the new H-1B petition anytime during the year and will not be subject to the H-1B cap.
Can you transfer H1B cap exempt to cap?
If your original H1B employer is a University or an affiliated non-profit organization, your H1B petition should be cap exempt, meaning your H1B application is not counted against the H1b cap. Let say a few months later, a private company wants to hire you. In that case, they will need to sponsor a new cap-subject H1b petition for you.
It’s important to understand that there is a few things you need to consider when filing a new cap-subject H1b petition when you change your job from a non cap-subject H1B visa to a cap-subject H1B visa. The timing of filing is important as USCIS only accepts cap subject H1B in March each year. The adjudication period varies depending on whether when they run the lottery and whether or not your new employer and you wish to file a premium processing. Therefore, if you are currently a cap-exempt H1B holder, you would not start working for your new H1B cap-subject employer until October 1 where the H1B fiscal year usually begins.
Example 2:
Employer A is a cap-exempt organization and Employer B is a cap-subject employer, then H-1B Employee will be subject to the H-1B numerical limitation (H-1B cap). The new H-1B petition filed by Employer B will not be adjudicated unless a cap number is available to you at the time of filing the new H-1B petition. In short, employee will be subject to the H-1B online registration and lottery selection.
At CIPOLLA LAW GROUP, we have successfully handled hundreds of H-1B petitions for business owners and professional workers across America and the world. We have excellent track record. In 2021 alone, 100% of our H1b cases were approved and over 90% of these H1B cases were approved without request of evidence (RFE). Call 773-687-0549 or contact us for a consultation.
H1B Portability
H1B Transfer – When can I start working?
Under the “Portability Provisions” issued in 2000, a H-1B worker who was previously issued an H-1B visa is allowed to begin working for a new H-1B employer as soon as the new employer files an H-1B transfer petition for him/her. To be eligible for a H-1B transfer or to “port” or “transfer” from one employer to another employer, the H-1B worker must:
- have been lawfully admitted into the United States.
- have the new employer filed a “non-frivolous” petition while the alien was in a period of stay authorized by the Attorney General.
- not have been employed without authorization since the last entry to the U.S.
Hire an experienced H-1B transfer lawyer in Chicago
Transferring to a new job under the H-1B visa category can be complexed and time sensitive. If you wish to transfer your H-1B visa, please call 773-687-0549 or contact us online to schedule a consultation. We have over 30 years of collective experience and excellent approval for all employment immigration matters. Our Principal Attorney Gerald Cipolla is an experienced Chicago Immigration Attorney and has an unique STEM background and track record to assist our H1B professionals for their immigration matters.